c) Prospective acquisition of real property located at 302 E. Highway 12,
Lodi, California (APN 058-030-01); the negotiating parties are City of Lodi
and Carolyn Reichmuth; Government Code §54956.8

d) Prospective lease of property located at 217 N. School Street, (APN
043-023-04); the negotiating parties are the City of Lodi and James and Donna
Lockwood; price and terms of the lease are under negotiation; Government Code
§54956.8

C-3 ADJOURN TO CLOSED SESSION

At 5:36 p.m., Mayor Nakanishi adjourned the meeting to a
Closed Session to discuss the above matters.

C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION

At 7:00 p.m., Mayor Nakanishi reconvened the City Council
meeting and City Attorney Hays disclosed the following actions.

In regard to item C-2 (a), the City Council directed staff
to make fair market value offers for the property acquisitions at 1335 &
1477 Harney Lane and to file eminent domain actions if necessary subsequent to
that action.

In regard to item C-2 (b), the City Council directed staff
to make a fair market value offer for the property acquisition at 1723 W.
Kettleman Lane and to file an eminent domain action if necessary subsequent to
that action.

In regard to item C-2 (c), the City Council directed staff
to respond to the property owner’s counter offer made to the City for the
property located at 302 E. Highway 12.

In regard to item C-2 (d), the City Council took no
reportable action.

A. CALL TO ORDER / ROLL CALL

The Regular City Council meeting of June 6, 2001 was called
to order by Mayor Nakanishi at 7:00 p.m.

Also Present: City Manager Flynn, City Attorney Hays, and
City Clerk Blackston

B. INVOCATION

The invocation was given by Pastor Jean Lebbert, Emanuel
Lutheran Church.

C. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Mayor Nakanishi.

D. AWARDS / PROCLAMATIONS / PRESENTATIONS

D-1 (a) Awards – None

D-2 (a) Mayor Nakanishi presented a proclamation to Natalie
Reyes, representative of the Baha’i, proclaiming Sunday, June 10, 2001 as
"Race Unity Day" in the City of Lodi. Ms. Reyes invited everyone to
the picnic at Hale Park on Sunday from 12:00 p.m. to 4:00 p.m. and congratulated
Mayor Pro Tempore Pennino on his recent leadership award from the National
Association of Regional Councils.

D-2 (b) Mayor Nakanishi presented a proclamation to Sergeant
Nicholas Lopez, with the US Army, recognizing June 14 as the Army’s Birthday,
as well as proclaiming the week of June 11 – 17, 2001 as "United States
Army Week" in the City of Lodi.

D-3 (a) Phyllis Grupe, Chairperson for the Community
Partnership for Families of San Joaquin, reported that they are celebrating
three years of collaboration between more than 70 agencies, community based
organizations, businesses, and individuals. The Partnership believes in the
importance of investing in children at an early age in order to ensure their
success in the future.

Stewart Wakeling, Juvenile Justice Coordinator for San
Joaquin County and Director of the Partnership, explained that his job is to
develop more systematic and comprehensive approaches to preventing juvenile
crime in San Joaquin County. He stated that the most reliable predictor of later
criminal offending can be something as simple as low birth weight. The
Partnership is made up of leadership from neighborhood groups, the faith
community, schools, elected officials, public and private social service,
health, criminal justice agencies, and the business community. The Partnership
was first organized in 1998 through the leadership of San Joaquin County A+.
They have developed neighborhood service centers in three areas of Stockton,
which improve access and provide integrated services for families and have built
strong neighborhood collaboratives and pulled together resources necessary to
support new neighborhood centers in four areas. The Partnership supported the
Celebration on Central event last year and has been working with Lodi Unified
School District and other groups in Lodi for over a year. Funds have been
secured through the Crime Prevention Act of 2000 to support the development of a
neighborhood service center and an integrated service areain east Lodi.
Mr. Wakeling invited the Council to participate in the semi-monthly meetings and
noted that a retreat will be held in the Fall to do intensive planning.

Mayor Pro Tempore Pennino stated that Lodi already has a
similar county community organization located on Sacramento Street south of Lodi
Avenue and suggested that the Partnership consider merging its services with
them.

Mr. Wakeling replied that the Partnership would be happy to collaborate
with them.

D-3 (b) Theresa Yvonne, Arts Coordinator, reported that
the Arts Commission recently finished the Smooth Jazz series. On June 18 a
new summer musical theater will begin with "The Sound of Music"
for youth ages 9 to 18 years. Jewel of the Valley poetry series will be held
every fourth Friday of the month at the Lodi Wine and Visitors Center. Every
second Saturday of the month from, June through September, the Under the
Columns Series will be held at Hutchins Street Square. Ms. Yvonne
invited Council Member Land to be the master of ceremonies for the July 3
Celebrate America event at 6:00 p.m. at the Omega Nu Stage at the Square.
Mr. Land accepted the invitation.

Council Member Hitchcock commented that she recently
participated in the Art at the Square Event where a representative from
Ironstone Winery had mentioned that the Arts Commission was the most
professional group he had ever worked with.

D-3 (c) John Johnson, with the Lodi Sports Foundation,
reported that the A.G. Edwards 3-on-3 Basketball Tournament was held May 20
at Lodi High School and had 120 teams participating with over 400 players on
34 courts. The event raised $7,500 for various groups. He thanked Electric
Utility for sponsoring the event, as well as the departments of Parks and
Recreation, Fire, and Public Works – Streets Division for their
assistance. The next 3-on-3 basketball tournament is scheduled for April 28,
2002, 1:00 p.m. at Lodi High School.

D-3 (d) Community Promotions Coordinator Cynthia Haynes
explained that United 4 Youth is a two-year grant sponsored by the United
Way of San Joaquin County that will bring $130,000 into the community. The
grant is for the purpose of addressing constructive use of time and social
competencies, and targets grades 7 to 12. Requests for proposals are being
distributed now and will be collected through August 31. In reply to Mayor
Pro Tempore Pennino’s suggestion, Ms. Haynes stated that she will be
making a presentation to the Youth Commission regarding United 4 Youth.

D-3 (e) Community Improvement Manager Joseph Wood
reported that over 288 tons of garbage was removed in Lodi during Keep
California Beautiful month in April. He thanked the volunteers, the
Adopt-a-Block program, East Side Improvement Committee, Rotary Club, Central
Valley Waste Services (CVWS), Salvation Army, Lodi News-Sentinel, Good Will
Industries, Parks and Recreation Department, Congressman Pombo and
Assemblyman Pescetti, and the local businesses of Miller Meats, Rainbow
Bread, General Mills, and Jergen’s Refrigeration.

Christine Wied and George Campa of CVWS presented certificates to the
recipients of the Keep America Beautiful/Keep California Clean poster
contest winners:

Kindergarten to 3rd grade – Joey Mellow, Betsy Colburn

4th to 6th grade – Conor Peterson, Rena Flores

7th to 8th grade – Kymberlea Young, Ashley
Shroyer

Ms. Wied stated that several hundred entries were received and the
winning posters will be enlarged and painted on the walls at CVWS’s
buyback center.

In accordance with the report and recommendation of the
City Manager, Council, on motion of Mayor Pro Tempore Pennino, Land second,
unanimously approved the following items hereinafter set forth except
those otherwise noted:

E-1 Claims were approved in the amount of
$6,291,047.39.

E-2 The minutes of May 1, 2001 (Shirtsleeve Session),
May 2, 2001 (Regular Meeting), May 29, 2001 (Shirtsleeve Session), and
May 29, 2001 (Special Meeting) were approved as written.

E-3 Approved the specifications for a supply contract
for various items of overhead and underground distribution hardware for
Fiscal Years 2001-2003 and authorized advertisement for bids.

E-4 Authorized advertisement for bids as necessary
for polemount and padmount transformers for Fiscal Years 2001-2003.

E-9 "Adopt resolution awarding the contract for
installation of streetlights on Streetlight Completion Project, Phase 2,
to Tim Paxin’s Pacific Excavation, Inc., of Elk Grove ($367,221)"
was removed from the Consent Calendar and discussed and acted upon
following the Regular Calendar.

E-10 Adopted Resolution No. 2001-127 awarding the
contract for Stockton Street Reconstruction, Lodi Avenue to Lockeford
Street, to George Reed, Inc., of Modesto, in the amount of $1,238,229;
and appropriated funds in accordance with staff recommendation.

E-11 Adopted Resolution No. 2001-128 awarding the
contract for Stockton Street Reconstruction, Tokay Street to Lodi
Avenue, to Dell Engineering, of Stockton, in the amount of $792,591; and
appropriated funds in accordance with staff recommendation.

E-12 Adopted Resolution No. 2001-129 awarding the
contract for traffic safety improvements to CalTraffic, of Ceres; and
appropriated $6,814.73 for the project.

E-13 Accepted the improvements under the
"Beckman Road Reconstruction and Bike Lane Striping, 1,000 Feet
South of Vine Street to 700 Feet North of Pine Street" contract.

E-17 Adopted Resolution No. 2001-132 authorizing the
City Manager to execute a contract with Blymyer Engineering, Inc., of
Alameda, for the final design, engineering, and construction management
for the Municipal Service Center (MSC) compressed natural gas (CNG)
station; and appropriated funds for the project.

E-18 Adopted Resolution No. 2001-133 authorizing the
City Manager to provide a Public Benefits Program Grant in the amount of
$33,144.00 to fund the Salvation Army Demand-side Management Project as
part of a two-phase energy efficiency improvement project.

E-19 Adopted Resolution No. 2001-134 authorizing the
City Manager to provide a Public Benefits Program Grant in the amount of
$30,000.00 to fund the Lodi Energy Efficient Windows & Shade Screen
Program.

E-20 Adopted Resolution No. 2001-135 authorizing the
City Manager to provide a Public Benefits Program Grant in the amount of
$17,765.50 to partially fund the Lodi Export Group Load Management Pilot
Project.

E-21 Adopted Resolution No. 2001-136 authorizing the
City Manager to provide a Public Benefits Program Grant in the amount of
$90,731.00 to fund the Mondavi Distribution Center Demand-side
Management Project.

E-22 Adopted Resolution No. 2001-137 approving the
master lease agreement between the City of Lodi and the Lodi Grape
Festival and National Wine Show Association for use of the festival
grounds from July 1, 2001 to June 30, 2006.

E-23 Adopted Resolution No. 2001-138 approving the
application for grant funds for the Per Capita Grant Program under the
Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
Bond Act of 2000.

E-24 "Adopt resolutions of the City of Lodi
declaring its intent to reimburse certain expenditures from proceeds of
indebtedness for City facilities (Public Safety, Parks and Recreation,
and General Government projects)" was removed from the
Consent Calendar and discussed and acted upon following the Regular
Calendar.

E-25 Adopted Resolution No. 2001-139 authorizing the
City Manager to file the revised claim for 2000/01 Transportation
Development Act (TDA) funds and file the claim for 2001/02 TDA funds in
the amount of $2,046,897 from the Local Transportation Fund (LTF) and
$26,151 from State Transit Assistance (STA).

E-26 "Adopt resolution amending Traffic
Resolution approving speed limits on Pine Street" was removed
from the Consent Calendar and discussed and acted upon following the
Regular Calendar.

E-27 Adopted Resolution No. 2001-140 authorizing the
City Manager to enter into training agreements with the State of
California’s Department of California Highway Patrol for police
officer training.

E-28 "Authorization to disband the Gang
Alternative Project (GAP)" was removed from the Consent
Calendar and discussed and acted upon following the Regular Calendar.

E-29 Received information regarding Summer programs
for North County youth administered by the City of Lodi’s Parks and
Recreation Department.

Jim Dryburgh, President and Owner of Holz Rubber Company,
thanked the City, and specifically Mayor Nakanishi, Economic Development
Coordinator Tony Goehring, Electric Utility Director Alan Vallow, and
Manager of Customer Programs Rob Lechner, for their assistance in lowering
energy costs in his facility through a $25,000 grant for insulation. He
stated that it is 15 degrees cooler in the plant than it was previously at
this time of year. Mr. Dryburgh presented a thank you card (filed)
signed by 100 of Holz Rubber Company’s 130 employees.

JoAnne Mounce thanked the following individuals:

City Engineer Wally Sandelin – for the sidewalks at the
corner of Locust and Garfield Streets

The City Council – for its foresight regarding street
maintenance issues on the east side

Council Member Land – for validating Ms. Mounce’s
concerns and being an outstanding citizen representative

Parks and Recreation Department, Community Development–Planning
Division, and volunteers – for their work on the proposed skatepark

Management Analyst Janet Hamilton – for the Celebration
on Central event to be held September 30

Police Chief Adams – for one of the finest Police
Departments in the country

Council Member Hitchcock – for always asking great
questions

Community Improvement Manager Joseph Wood and staff –
for addressing citizen concerns and for improvements on the east side

City Manager Flynn – for "holding it all
together"

Fire Chief Pretz – for the excellent Firefighters in
Lodi

Robert Haro, 1415 Cardinal Street, Lodi, stated that he
has been having a problem with the streetlights in front of the business he
owns on Cherokee Lane. He asked that the lights be repaired and the sidewalk
extended.

City Manager Flynn asked Mr. Haro to contact him about
these issues.

G. PUBLIC HEARINGS

G-1 Notice thereof having been published according to law, an
affidavit of which publication is on file in the office of the City Clerk, Mayor
Nakanishi called for the Public Hearing to consider an appeal from Wayne Ogren
regarding Notice and Order to Repair and Notice and Order to Vacate issued for
his property located at 225 N. Rush Street, Lodi.

MOTION / VOTE:

The City Council, on motion of Council Member Land, Hitchcock
second, unanimously continued the Public Hearing to August 15, 2001 to consider
an appeal from Wayne Ogren regarding Notice and Order to Repair and Notice and
Order to Vacate issued for his property located at 225 N. Rush Street, Lodi.

G-2 Notice thereof having been published according to law, an
affidavit of which publication is on file in the office of the City Clerk, Mayor
Nakanishi called for the Public Hearing to consider the request of the Community
Development Department for 1a) Land Use General Plan Amendment changing the
designation from PQP, Public Quasi-Public to LDR, Low Density Residential for
the Century Meadows 4 Subdivision (parkland portion); 1b) Rezoning from PUB,
Public to R-2, Single Family for the Century Meadows 4 Subdivision (parkland
portion); 2a) Land Use General Plan Amendment changing the designation from LDR,
Low Density Residential to PQP, Public Quasi-Public for the Bridgetown
Subdivision (parkland portion); and 2b) Rezoning from R-1, Single Family to PUB,
Public for the Bridgetown Subdivision (parkland portion).

Community Development Director Bartlam provided background on
this item and explained that the request regarding these properties are
considered by staff to be "clean up actions" to make consistency
between the City’s General Plan and zoning, with the actual development on the
property.

Hearing Opened to the Public

None.

Public Portion of Hearing Closed

The City Council, on motion of Mayor Pro Tempore Pennino,
Hitchcock second, took the following actions:

MOTION / VOTE:

Introduced Ordinance No. 1704 entitled, "An
Ordinance Of The Lodi City Council Amending The Official District Map Of
The City Of Lodi And Thereby Rezoning Century Meadows 4 Subdivision
(Parkland Portion), 2360, West Century Boulevard (APN 058-230-18), From
PUB, Public To R-2, Single Family";

Adopted Resolution No. 2001-141 entitled, "A
Resolution Of The Lodi City Council Amending The Land Use Element Of The
Lodi General Plan By Redesignating The 4.5 Acres Located At 2360 West
Century Boulevard (APN 058-230-18) From PQP, Public Quasi-Public To LDR,
Low Density Residential For The Century Meadows 4 Subdivision (Parkland
Portion);

Introduced Ordinance No. 1705 entitled, "An
Ordinance Of The Lodi City Council Amending The Official District Map Of
The City Of Lodi And Thereby Rezoning Bridgetown Subdivision (Parkland
Portion), 2735 West Turner Road (APN 015-530-01), From R-1, Single Family
To PUB, Public"; and

Adopted Resolution No. 2001-142 entitled, "A
Resolution Of The Lodi City Council Amending The Land Use Element Of The
Lodi General Plan By Redesignating The 4.6 Acres Located At 2735 West
Turner Road (APN 015-530-01) From LDR, Low Density Residential To PQP,
Public Quasi-Public For The Bridgetown Subdivision (Parkland
Portion)".

The motion carried by a unanimous vote.

H. COMMUNICATIONS

H-1 On recommendation of the City's contract
administrator, Insurance Consulting Associates, Inc. (ICA), and Human
Resources staff, the City Council, on motion of Council Member Land,
Pennino second, unanimously rejected the following claims:

a) Frederick and Jean Gebhard, date of loss 11/11/00

b) Paul Lauchland, date of loss 2/13/01

c) Lydia Mueller, date of loss 2/9/01

d) Janet Thomsen, date of loss 8/8/00

e) Auzalia Utz, date of loss 7/5/00

H-2 The following report was presented to the City
Council:

a) Planning Commission report of May 23, 2001

H-3 Appointments – None

H-4 Received for information only the Profile of
General Demographic Characteristics: US Census 2000 Report (filed).

Mayor Pro Tempore Pennino asked for the full Census
report, to which Community Development Director Bartlam explained that the
full report is not available and the information is expected to be released
separately over a period time.

I. REGULAR CALENDAR

I-1 "Adopt resolution certifying the filing of a
Mitigated Negative Declaration by the Community Development Director as adequate
environmental documentation for the proposed Lodi Skate Park Project at Kofu
Park, authorizing the City Manager to enter into an agreement with Spohn Ranch
for the design, construction, and operation of a Skate Park facility at Kofu
Park, and authorizing staff to proceed with construction ($540,522.19)"

Parks and Recreation Director Baltz reported that Council
previously directed staff to negotiate a contract to build and operate a skate
park at Kofu Park.

Recreation Supervisor Mike Reese stated that a year ago, then
Mayor Mann, created the Ad Hoc Skate Park Steering Committee comprised of youth
appointees Adam Fiori, Mike Alberg, Jared Callahan, Chris Fox, Mike Graffigna,
and Rudy Vaccarezza, and adult advisors Dennis Cunnington and David Vaccarezza.
Mr. Reese stated that following town hall and numerous committee meetings, the
public recommended Kofu Park. In August 2000 the City Council approved Kofu Park
as the location for the new skate park. Mr. Reese described the specific
location as the south basin of the 10-acre Kofu Park next to Ham Lane and the
tennis courts. A 142 square foot slab will be constructed in the center of the
basin and will be 72 feet from the street and 154 feet (or further) away from
the nearest resident’s property line. Mr. Reese displayed a diagram by Spohn
Ranch showing the elements in the park, including ramps and rails on a 20,000
square foot cement slab.

Mr. Reese stated that Kofu Park was recommended by the public
at a 4-1 ratio over 19 other facilities that were considered. Benefits of the
site include its central location, visibility, availability to public
transportation, its location between two high schools and a middle school, and
the existence of parking and restrooms. The entrance will be at the southwest
corner of the basin near the pro shop that will be operated by Spohn Ranch. The
contract is for five years and Spohn Ranch has agreed to pay the City 5% of
revenue up to the first $100,000; 4% up to $200,000; and 3% for revenue above
$200,000. No sessions will be extended beyond 10:00 p.m. and the park will be
open a minimum of six days a week.

Jared Callahan, 641 Sandpiper Circle, Lodi, asked committee
member Rudy Vaccarezza to distribute copies of petitions to Council that were
signed by over 200 individuals in support of the skate park (filed). He stated
that the committee visited other parks before deciding on a recommendation for
the site and operator of the skate park. They chose Spohn Ranch because of their
reputation and the 15 world class skate parks they have built. He stated that
Spohn Ranch would set up, operate, and maintain the skate park. Annual gross
revenues from other Spohn Ranch skate parks range from $8,000 to $16,000.

Dave Vaccarezza, Chairman of the Ad Hoc Skate Park Steering
Committee, reported that they have been working 18 months on the project and
have been through multiple meetings including a town hall meeting with nearly
100 in attendance, as well as meetings with the Planning Commission, Recreation
Commission, Youth Commission, and the City Council. They considered 19 sites
including DeBenedetti Park, Guana House, Hale Park, and Hutchins Street Square.
Spohn Ranch manufactures above ground ramps that can be altered, moved, and new
pieces added, which brings desired variety to skaters. Originally, the committee
had planned to have the skate park elements installed over the tennis courts;
however, they discovered later that was not possible which resulted in the
necessity of building the concrete slab in the park basin which has increased
the cost considerably from the original estimate. Diede Construction has
volunteered to do a major portion of the concrete slab work and other
contractors in the community have agreed to provide work at cost. Meehleis
Modular has donated a 1,200 square foot pro shop, for which a $200 a month lease
agreement with Spohn Ranch has been agreed to. Mr. Vaccarezza and Dennis
Cunnington will pay for a portion of the moving cost for the pro shop.

Robert Haro, 1415 Cardinal Street, Lodi, stated that in
January 2001 he purchased a home across the street from Kofu Park. He complained
that people park on the street and use the maintenance entrance on Cardinal
Street rather than using the parking lot, because the Little League Baseball
field is nearby. He suggested moving the Little League backstop closer to the
picnic table area, locking the maintenance gate, removing the tennis courts, and
building an indoor skate park so that it could be used year round.

Council Member Hitchcock asked why the cost of the skate park
has risen from $250,000 to $540,000.

Mr. Reese explained that the Department originally budgeted
$300,000 two and a half years ago, which included the estimate for the Spohn
Ranch equipment and preparation work of the site by the City. Since that time it
was discovered that the concrete slab (approximately $100,000) was more
expensive than originally anticipated. Compaction of the basin will be
necessary, and water mains for the irrigation system need to be capped off.
Electrical work is estimated at $105,000 and an additional fence along the north
side of the basin will cost $5,000.

Council Member Hitchcock questioned the need for lighting, as
she recalled that the hours of operation were originally reported to end at
dusk.

Mr. Reese responded that Spohn Ranch wanted to offer
nighttime skating particularly during the hot summer months. He noted that
baseball at Kofu Park lasts as late as 11:00 p.m. and lights on the tennis
courts do not shut off until 10:00 p.m. The lights for the skate park will be
shielded and focus on the basin, facing north, south, and west.

In response to additional questions by Council Member
Hitchcock, Mr. Reese stated that the Spohn Ranch pro shop would not infringe on
the BOBS concession stand because they will primarily be selling equipment.
Spohn Ranch anticipates approximately 30 skaters during the week and up to 75 on
the weekends. The will have one staff person on the skating area for supervision
and one in the pro shop. Mr. Reese indicated he does not believe there would be
policing problems because of the supervision provided by the Spohn Ranch
employees and the clear visibility of the park from the street.

Community Development Director Bartlam provided the following
information in response to questions posed by Council Member Hitchcock. The
Mitigated Negative Declaration addresses only the skate park, not baseball that
might be occurring simultaneously. It was estimated that there would be a
weekday average of 30 individuals using the skate park and 75 to 100 on the
weekends. It was also estimated that half of these individuals would arrive by
car, and half by their own merits, which would not cause a significant impact
warranting mitigation. There are 125 parking stalls available at the park. The
Negative Declaration was developed from a cumulative standpoint and Mr. Bartlam
indicated that it was the softball complex that was generating the parking
activity, not the skate park. In reference to the noise study, Mr. Bartlam
explained that professional noise engineers conducted the analysis on a
cumulative basis. As an example, he stated that two 50-decibel noise events,
using a logarithmic form, do not equal 100 decibels as one might expect – it
equals 55 decibels. Mr. Bartlam pointed out that the skate park in the City of
Auburn is on ground level, and has concrete ramps. In contrast, the skate park
at Kofu will have ramps made of a material that creates less noise than concrete
and the equipment will be below street grade, which provides an obstruction to
the noise. Mr. Bartlam stated that he was absolutely confident about the
accuracy of the Environmental Noise Analysis report.

Council Member Hitchcock expressed concern about the impact
of residents on the area and questioned whether Mr. Vaccarezza would want the
skate park in close proximity to his home.

Mr. Vaccarezza stated that he lives in an industrial park
within 154 feet from a transfer station, and maintained that the noise levels
are controllable. In answer to Ms. Hitchcock, he stated that he would not object
to the skate park being near his residence and reiterated his assurance that
Kofu Park is an appropriate site.

Council Member Hitchcock relayed her understanding of a law,
which sunsets in 2003, that allows cities not to assume any risk if they posts
signs warning that skaters do so at their own risk in unsupervised skate parks.
She questioned the liability aspect of the skate park and pointed out that the
contract allows the City access for safety inspections.

City Attorney Hays explained that the contract is much like
any other landlord situation where they have the right to see if the tenant is
appropriately operating within a structure. He stated that in addition to
indemnity, the skate park contract has an insurance requirement that Spohn Ranch
provide insurance that covers the City, its officers, agents, and employees. In
reference to the law mentioned by Ms. Hitchcock, Mr. Hays stated that it has
limited application and only applies to skaters of certain ages.

City Manager Flynn reminded the Council that they approved
the location of the skate park on August 2, 2000. The issue under consideration
this evening is the Negative Declaration and authorization to go forward with
the contract. He noted that the skate park cost is based on engineering
estimates. Subtracting the value of gifts and donations by local businesses and
individuals, the total cost would be approximately $350,000.

Mayor Pro Tempore Pennino reminded staff that he has always
been adamantly opposed to the skate park being open after 9:00 p.m. Sunday
through Thursday. He felt that 10:00 p.m. was acceptable for Fridays and
Saturdays only.

Parks and Recreation Director Baltz responded that Spohn
Ranch made it clear during negotiations that lighting of the park was important
to them for evening skating.

Mr. Vaccarezza assured Mayor Pro Tempore Pennino that they
were not building the "platinum" skate park as described in the Spohn
Ranch brochure. There will be a 14,000 square foot area and Spohn Ranch has
agreed to bring in some additional equipment at no extra charge. The design
accommodates all levels of skaters including skate boards, inline skates, and
bicycles.

In response to Council Member Howard, Mr. Reese confirmed
that there would be communication between both supervising employees of Spohn
Ranch. Individuals cannot use the facility without proper safety equipment,
which includes: helmets, knee and elbow pads, and wrist guards. He noted that
page three of the contract addresses special events, all of which must be
approved by the Parks and Recreation Director. At these events there will likely
be a public address system similar to what is used at baseball games.

Council Member Land pointed out that the Noise Analysis
Report states that in a 24-hour period the sound averages 69 decibels, which is
equivalent to a commercial jet aircraft interior during flight. He noted that
three to four years ago there was discussion about partnering with the residents
on Sunset Drive for the construction of a sound wall.

Mr. Bartlam recalled that a number of requests had been
received from homeowners on Sunset Drive for a wall to replace the wood fence on
Ham Lane. Council then directed staff to design a wall and work with the
residents on construction costs. The wall was estimated to cost $100,000. The
City offered to front the cost of construction, and be paid back through a
property tax assessment; however, the homeowners did not feel it was in their
best interest and the issue was dropped. The area involved is approximately
1,100 feet and involves 19 properties. Mr. Bartlam stated that the best sound
mitigation for the homeowners on Sunset Drive would be a masonry block wall,
with filled cells, at a height of at least seven feet. He emphasized that the
noise impact for these residents stems primarily from the traffic on Ham Lane.

Council Member Hitchcock stated that she voted to move
forward on this issue last August based on the fact that there was going to be
an Environmental Impact Report (EIR), which would look at the area, consider
other sites, and would also consider a no build. She did not believe the issue
of the location was closed at that time because it would be based on the results
of the EIR. She stated that the Negative Declaration is not sufficient.

City Attorney Hays cited the August 2, 2000 minutes and read
the following:

"The City Council, on motion of Council Member Pennino,
Land second, unanimously approved the recommendations of the Skate Park
Committee and City staff, authorizing the City Manager to negotiate a contract
with Spohn Ranch to build and operate a Skate Park at Kofu Park".

Council Member Hitchcock asked if there were other comments
made and Mr. Hays read the following excerpts from the August 2, 2000 minutes:

"Council Member Pennino commented that if the sound
level dramatically increases due to the Skate Park he would support funding a
sound wall. He suggested that the sound level be measured on Cardinal and Sunset
Streets.

"In response to Council Member Hitchcock, Community
Development Director Bartlam explained that if noise and traffic impacts were
found to be significantly above the existing conditions, the City would be
required to mitigate them in order to allow the project to move forward."

Council Member Hitchcock recalled discussing that there would
be other areas looked at as well, and a no build option. She pointed out that
the EIR addresses the location, and questioned why the appropriateness of the
location would not be considered.

Mr. Hays replied that a selection process had already been
completed prior to the August 2, 2000 meeting when the Council voted to
approve the recommended location. The question before the Council this evening
is whether the environmental treatment is adequate and whether or not to certify
the Mitigated Negative Declaration. He stated that there was no direction by the
Council to do an EIR on the site. The decision was to do the environmental
treatment, which, following the guidelines of the California Environmental
Quality Act (CEQA), resulted in staff determining that a Mitigated Negative
Declaration met the CEQA guidelines.

Council Member Hitchcock asked what would have triggered an
EIR.

Mr. Bartlam explained that staff felt strongly that the
number one issue that needed to be addressed was noise. This was determined
based both by comments that they received and their own review of the project.
Issues that would trigger an EIR include a wildlife issue or endangered species
problem. The issue of addressing alternative sites does not come up in a
Negative Declaration because the decision about the site has been made to the
extent that all staff is trying to do is address the environmental impacts of
the project proposed. Out of the 10 or 12 different environmental issues that
were required to be reviewed, it was found that 3 to 5 needed expanded
discussion (i.e. traffic, noise, land use, and planning). Even if there were a
cumulative impact on a single-issue item, it would not require an EIR. From
staff’s perspective in view of state law, guidelines, and case law, they are
comfortable that this is an appropriate recommendation.

At the request of Mayor Nakanishi, Mr. Hays read the
following excerpt from the August 2, 2000 minutes:

"Mayor Pro Tempore Nakanishi voiced support for the
Skate Park; however, he expressed reservations about the location and suggested
that it be restudied. He stated that if the park is built at Kofu Park a sound
wall should be built. He noted that last week he attended a seminar with 100
other City Council Members and many positive comments were raised about the
benefits of Skate Parks."

In response to Mayor Nakanishi, Mr. Bartlam stated that this
project does not require the Council to construct a sound wall in order to
approve the project.

In reply to questions by Council, Mr. Hays advised that if it
were felt that a sound wall would mitigate the skate park noise, it could be
added as a mitigation measure.

PUBLIC COMMENTS:

Barbara McWilliams stated that she was unaware the Council
had already decided on the location of the skate park. She submitted handouts to
the Council (filed) and expressed concern about the disruption to residents
surrounding the park. She pointed out that the hours, cost, and lighting are
different from the original plan. Residents in the area enjoy quiet times during
Saturday and Sunday and fear this will be lost with the addition of the skate
park. In her research of 12 cities with skate parks, only three were in
residential neighborhoods. She stated that Spohn Ranch skate parks are run by
"a corporation within a corporation" called Sanctuary Skate Park. They
offer a program called Praise and Skate, where youth can skate free for one
session if they participate in a 30-minute program with a youth minister. She
urged the Council to vote against this matter and to find a location for the
skate park in an undeveloped area.

In reply to Council Member Land, Ms. McWilliams stated that
there were no meetings held with the residents on Sunset Drive or Cardinal
Street.

Mr. Vaccarezza countered that town hall meetings were held at
the library and six of their meetings were open to the public including meetings
with the Planning, and Parks and Recreation Commissions.

Ms. McWilliams stated that there was nothing mentioned in the
newspaper until the Parks and Recreation Commission approved the site at Kofu
Park.

In response to Council Member Land, Mr. Vaccarezza stated
that the committee considered, but did not choose Pixley Park because it was on
the other side of a freeway and transportation was an issue.

RECESS

At 9:50 p.m. Mayor Nakanishi called for a recess and the
City Council meeting reconvened at 10:05 p.m.

VOTE TO CONTINUE AGENDA ITEMS

Discussion ensued regarding the length of time needed for
speakers and items remaining on the agenda.

Mayor Pro Tempore Pennino made a motion, Howard second,
to continue the *balance of the calendar, with the exception of the
remaining Consent Calendar items, to the regular City Council meeting of
June 20, 2001. The motion carried by a unanimous vote.

*City Manager Flynn clarified that Items I-2 through I-7
would be continued to the regularly scheduled meeting of June 20, 2001.

I. REGULAR CALENDAR (Continued)

I-1 PUBLIC COMMENTS:

(Cont’d.)

Jane Thurman emphasized that residents are not opposed to
a skate park, only to the Kofu Park location, which she claimed was an
unsafe site and provided the following information as justification. On
April 13, 1999, Lodi Middle School requested that the crosswalk at Cardinal
Street and Ham Lane be removed for the safety of the children. She read from
a letter dated June 3, 1999, from Public Works Director Prima in which he
reported that traffic volume on Ham Lane in 1975 was 6,950 vehicles per day,
and rose to 18,000 vehicles per day by 1999. Ms. Thurman stated that
residents were not contacted by the committee as they were directed to do by
the Council. She asked Bollard & Brennan, Inc., to explain the Noise
Analysis Report to her and they stated in order to arrive at the Leq and
L50, an L-max (the highest root-mean-square sound level measured in a given
period of time) and an L-minimum is needed; however, the L-minimum was left
off the report. Ms. Thurman concluded that this was done intentionally to
skew the report. She asked the Community Development–Planning Division why
the Mitigated Declaration was revised, and was told that the first report
was a rough draft that contained typographical errors. She requested and was
given a copy of the original report, which she stated did not have any
typographical errors on it. It was revised because the hours of operation
had changed. Ms. Thurman reviewed information she had found on the Internet
related to skate parks. She pointed out the difficulties related to
obtaining insurance policies for skate parks.

John Connelly, 1225 S. Sunset, Lodi, stated that he has a
copy of the tape from the August 2, 2000 Council meeting and it conflicts
with various statements made at tonight’s meeting. He believed that the
committee and commissions involved in this project kept the majority of
citizens from participating in the process. The proposed site for the skate
park was not publicized until the day before the Council meeting. Council
Members had directed the committee to meet with the residents of the area;
however, no meetings were ever held. He strongly urged the Council to vote
against this matter.

Judy Botts, 1229 S. Sunset Drive, Lodi, recalled watching
the August 2, 2000, Council meeting and heard the Council ask the committee
to meet with residents in the area of Kofu Park. She stated that no meetings
ever took place. She spoke in opposition to the assessment district for the
sound wall and maintenance, which five years ago was estimated to cost
$155,000. Ms. Botts stated she was surprised to learn that the location for
the skate park was not under consideration this evening, and asked the
Council to vote against the contract.

Tammy Jenks, 1321 Cardinal Street, Lodi, expressed
concern about the noise and traffic that will impact the residents
surrounding the skate park. She commented that her son was going to speak
against the skate park due to the park’s close proximity to his window,
but he had to leave due to the late hour. She stated that the group who
voted 4-1 in favor of Kofu Park as the location for the skate park are youth
who do not vote, pay taxes, own property, or are adults who have a business
bias in having the skate park built. Ms. Jenks contacted five police
departments in cities with skate parks and was told by Office David Funk
from the Modesto Police Department that their calls had doubled the first
month their skate park opened. They had to assign three full-time police
officers to the park. The Manteca Police Department reported that they
received 22 calls during the first six months that their skate park was in
operation. The City of Oakdale has had to move the proposed site for their
skate park four times due to citizen complaints. She was opposed to allowing
teenagers to trade skate time for serving as supervisors of the facility.
Ms. Jenks asked the Council to vote against the contract.

Erwin Rall, 1401 Cardinal Street, Lodi, stated that he
has lived at his present address for 29 years and has seen Kofu Park develop
much more than was originally planned for the neighborhood park. He
indicated that it would not be a safe location for the skate park because
the speed limit on Ham Lane has been increased, the crosswalk removed, and a
request for a street light denied.

Cheryl Daijogo, 457 E. Augusta, Woodbridge, spoke in
favor of the skate park and the location of Kofu Park. She maintained that
the majority of youth in the community are good, and the committee should be
commended for the work it has done on this project.

Adam Barton, 525 Vista Rio Court, Woodbridge, voiced
support for the skate park. He noted that a lot of work went into the site
selection and there would never be a location that everyone agreed on.

Adam Fiori, 810 W. Walnut, Lodi, spoke in favor of the
skate park and stated that the committee held many meetings at which
everyone was welcome to attend. He stated that there would not be any music
at the skate park unless there were competitions.

Josh Palmer, 1103 Dartmoor Circle, Lodi, stated that he
works at a local skate shop and knows that the majority of the skaters in
the community are good kids. He has visited skate parks in Tracy, Dublin,
and Ripon, which are near residential communities and none of them have had
a negative impact.

Matt Callahan, 6121 Sandpiper Circle, Lodi, believed that
the Lodi skate park would get more than 50 customers a day and felt that the
park would greatly benefit the City.

Kent Matson, 2101 E. Woodbridge Road, Woodbridge, spoke
in support of the skate park and stated that just because youth do not vote
or pay taxes, it does not mean that they do not count as people and citizens
of the community.

Jared Callahan, 641 Sandpiper Circle, Lodi, stated that
the skate park will benefit the City immensely and objected to the
generalization that the majority of skaters were delinquents.

Tony Moitzger, 1520 Cardinal Street, Lodi, stated that
Cardinal Street has become a thoroughfare to beat the stoplights on
Kettleman Lane. He pointed out that there is a levee system directly behind
Kofu Park, which attracts mischief, vandalism, and is a safety issue. He
presented a newspaper article from the Stockton Record (filed) which
reported that they are having problems enforcing rules at their skate park.

Kelly Gretsinger, 602 N. Church Street, Lodi, stated that
he has owned a skateboard shop for the past eight to nine months, and noted
that the majority of his customers are youth who pay sales tax. He has
visited skate parks in Modesto, Stockton, Tracy, Santa Rosa, Sonoma,
Petaluma, and Dublin, many of which are on busy streets and they have not
had any problems.

Frank Alegre, 2000 Edgewood Drive, Lodi, voiced support
for the skate park. He acknowledged how polite and courteous the youth were
at tonight’s meeting. He objected to previous comments addressing the high
cost of the skate park, and pointed out that Hutchins Street Square cost $11
million and looses $1,600,000 a year. He felt that the youth of the
community deserve the best and money should not be used as a reason not to
support the skate park.

John Johnson, 106 S. Orange Avenue, Lodi, stated that
transportation problems to Pixley Park is a poor argument considering
earlier comments that skaters frequently travel to other cities that have
skate park facilities. He spoke in favor of a skate park and felt that
Pixley Park would be a reasonable alternative.

Dennis Cunnington, 900 Sylvia Drive, Lodi, pointed out
that the youth in the audience were courteous while others were speaking,
and yet they were interrupted by adults when they spoke. He stated that
Spohn Ranch would probably not want to operate at Pixley Park. Most of the
youth that skate are under driving age, so a central location is very
important. He urged the Council to approve the contract and expressed
confidence that Kofu Park was the best location for the skate park.

Bob Feiock, 1154 Tamarack, Lodi, stated that Lodi needs a
skate park, but not in the middle of a residential area.

Dave Vaccarezza, emphasized that the youth of the
community need a place to skate and urged the Council to vote in favor of
the contract.

Stephanie Moitzger, 1520 Cardinal Street, Lodi, stated
that the committee did not talk to the residents of the area as they were
asked to do by the Council. She spoke against the location of Kofu Park for
the skate park.

Larry Jenks, 1321 Cardinal Street, Lodi, believed that a
negative impact will result from youth coming from other areas. Residents
will suffer the consequences of a percentage of youth looking for trouble in
the neighborhood after they leave the facility at 10:00 p.m.

COUNCIL COMMENTS:

Council Member Howard commented that the Council
received copies of petitions in favor of the skate park from the Boys and
Girls Club (filed). She thanked the residents for their hard work and
stated that it is due to their efforts that the contract with Spohn Ranch
includes the level of supervision that has been discussed during this
meeting and addresses such things as no public address system. Ms. Howard
stated that she realizes it is important for the City to be good neighbors
and spoke from personal experience. A sound wall would minimize any noise
from the skate park and have the added benefit of reducing the noise from
traffic on Ham Lane. She indicated surprise that more property owners did
not address this issue and noted that a sound wall is something that she
would like if she lived in the neighborhood. She preferred that the skate
park not be open beyond 9:00 p.m.

In response to Council Member Howard, City Manager
Flynn noted that when the City previously considered the sound wall they
had intended to construct it on the City’s right-of-way, so that it
would not infringe on the resident’s property line.

Council Member Land indicated that the sound wall
appeared to be a reasonable solution to mitigate the traffic noise from
Ham Lane and to enhance the community and property values in the area.

In response to Council Member Land, City Engineer
Sandelin explained that typically the City assesses a one-time equity
payment into a maintenance fund, which is approximately $50 per foot. That
would provide for lifetime maintenance of the wall and much of the
landscaping adjacent to it.

Council Member Land commended the committee for their
hard work and stated that he was in full support of the skate park.

Council Member Hitchcock expressed concern about
impacts to residents in the area, the increased cost of the skate park,
and the potential $150,000 additional expense for a sound wall.

Mayor Pro Tempore Pennino stated that he has been a
strong advocate for the location of the skate park at Kofu Park. He was
disturbed that the committee did not meet directly with residents of the
area. He read from a letter dated May 29 from the Police Chief, "I
encourage you to vote favorably on the Kofu skate park. I believe it will
be good for the community to provide this supervised location offering
organized activities for our youth." He stated that if a sound wall
is to be considered it needs to include landscaping. He reported that Mr.
Vaccarezza informed him that Spohn Ranch has agreed to close the skate
park at 9:00 p.m. with the exception of Thursday, Friday, and Saturday,
when it would close at 10:00 p.m. Mr. Pennino stated that this was
acceptable to him; however, he would leave it in the hands of the City
Manager.

Mayor Nakanishi acknowledged that there is no ideal
location. The committee worked 18 months on the project, and it appears
that the best choice for the skate park is Kofu Park.

In reply to Council Member Land, City Manager Flynn
stated that he would bring the sound wall issue (which will include
landscaping) back to Council for consideration at a future date.

MOTION/ VOTE:

Council Member Land made a motion, Howard second, to
adopt Resolution No. 2001-143 certifying the filing of a Mitigated
Negative Declaration by the Community Development Director as adequate
environmental documentation for the proposed Lodi Skate Park; to authorize
the City Manager to enter into an agreement with Spohn Ranch for the
design, construction, and operation of a Skate Park facility at Kofu Park;
to authorize staff to proceed with the construction in the amount of
$540,522.19; and to direct staff to address Council’s concern regarding
the hours of operation.

DISCUSSION:

Council Member Howard reiterated her desire to have the
skate park closed at 9:00 p.m. every day, with the possible exception of
Thursday.

Council Member Hitchcock stated that she did not
believe the Mitigated Negative Declaration was sufficient environmental
documentation for the project.

Council Member Howard reported that over the next
three to five years, approximately 1,000 to 1,200 streetlights would be
installed.

Community Development Director Bartlam displayed an
overhead map and reviewed the locations for the new streetlights.

MOTION / VOTE:

The City Council, on motion of Council Member Howard,
Nakanishi second, unanimously adopted Resolution No. 2001-144 awarding
the contract for installation of streetlights under Streetlight
Completion Project, Phase 2, to the low bidder, Tim Paxin’s Pacific
Excavation, Inc., of Elk Grove, California, in the amount of
$367,221.00.

E-24 "Adopt resolutions of the City of Lodi
declaring its intent to reimburse certain expenditures from proceeds of
indebtedness for City facilities (Public Safety, Parks and Recreation,
and General Government projects)"

Mayor Pro Tempore Pennino stated that he believed
there may be a possibility of funding some of the projects in the
budget, including the design phase, and was not in favor of going back
later to get reimbursements. He did not generally support everything
being reimbursed as a bond. The police building is an appropriate
expenditure for 20 to 30 years, but the smaller projects should not be
spread out over that much time. Each project needs to be considered on
an individual basis.

Council Member Hitchcock agreed, and stated that
until the final decision is made the expenses should come out of the
general budget on an annual basis.

MOTION / VOTE:

The City Council, on motion of Mayor Pro Tempore
Pennino, Land second, adopted Resolution Nos. 2001-145, 2001-146, and
2001-147 declaring its intent to reimburse certain expenditures from
proceeds of indebtedness for City facilities (Public Safety, Parks and
Recreation, and General Government projects). The motion carried by the
following vote:

In response to Council Member Hitchcock, City
Engineer Sandelin reported that every five years the City is obligated
under state law to update speed surveys on roadway segments where radar
surveillance is utilized to enforce the speed limit. This year surveys
on Central Avenue, Cherokee Lane, Church, Elm, Hutchins, Pine, and Tokay
Streets were completed. As a result of the surveys, three segments on
Pine Street were identified as needing a speed reduction by 5 mph.

MOTION:

Council Member Hitchcock made a motion, Pennino
second, to adopt Resolution No. 2001-148 amending Traffic Resolution No.
97-148 by approving the speed limit modifications on portions of Pine
Street.

DISCUSSION:

Mayor Pro Tempore Pennino asked that residents on
Pine Street from Church to Guild be notified of the speed limit
reduction. He also asked that the Council be informed of the cost for
the notification.

VOTE:

The above motion carried by a unanimous vote.

E-28 "Authorization to disband the Gang Alternative
Project (GAP)"

In reply to Council Member Land, City Manager Flynn noted
that the City has a number of programs addressing youth problems. The Gang
Alternative Project (GAP) members voted to disband due to a lack of
volunteers.

Police Capt. Mauch reported that an effort is underway to
revamp the City’s program to deal with gang issues.

In reference to the GAP fund balance, Deputy City Manager
Keeter stated that the money was donated from Omega Nu directly to GAP.

Capt. Mauch stated that the gang task force within the
Police Department consists of six officers and one sergeant. There are
approximately 250 documented gang members in Lodi and Woodbridge.

Mayor Pro Tempore Pennino encouraged Capt. Mauch to
involve schools, the Parks and Recreation Commission, Youth Commission, East
Side Improvement Committee, and the Boys and Girls Club in its program.

MOTION / VOTE:

The City Council, on motion of Council Member Land,
Nakanishi second, unanimously adopted Resolution No. 2001-149 authorizing
the disbanding of the Gang Alternative Project (GAP).

E-29 In reference to Item E-29, City Manager Flynn
commented that the transit buses would be used to bring youth from Thornton
into Lodi for a program at Lodi Lake for a limited time and a specific
project. The City was requested to do this by the county and Human Services
Agency.

K. COMMENTS BY CITY COUNCIL MEMBERS ON NON-AGENDA ITEMS

Council Member Howard pointed out that a new priority
list was posted in the Council Chamber.

Council Member Land announced that last Thursday, he
and his wife became grandparents for the fourth time with the birth of
Joseph Dean Delker, who was 8 lbs., 10 oz. and 21 inches long. He also
noted that approximately 350 people attended the recent Energy Fair.

Council Member Hitchcock stated that the Animal Friends
Connection did an outstanding job at a recent fund raising event at which
she and Ms. Howard served as judges for the "Classy Cat"
contest.

Mayor Pro Tempore Pennino reported that he met with
representatives from Union Pacific railroad yesterday and he plans to meet
with staff on the subject of the Lodi Avenue railroad tracks early next
week.

Mayor Nakanishi congratulated Mr. Pennino who recently
received the Tom Bradley Leadership Award from the National Association of
Regional Councils.

J. ORDINANCES

J-1 Ordinance No. 1703 entitled, "An Ordinance Of The
Lodi City Council Amending The Official District Map Of The City Of Lodi And
Thereby Prezoning The Parcels Located At 1041 & 1171 East Harney Lane (APN
058-230-11 & 12) From San Joaquin County AU-20 To R-2, Single Family
Residential And PUB, Public" having been introduced at a regular meeting of
the Lodi City Council held May 16, 2001 was brought up for passage on motion of
Council Member Hitchcock, Land second. Second reading of the ordinance was
omitted after reading by title, and the ordinance was then adopted and ordered
to print by the following vote: